DEFENSE OF THE RULE OF TAX LAW AND PERSONAL RIGHTS

18 Nov 2023 - 09:30 | 18 Nov 2023 - 17:30

Auditorium 2

online

The lecturers have occupied, and continue to occupy, central positions in Portuguese tax law and its evolution.

Sometimes, preparing preparatory work for legal diplomas, such as the general tax law or the tax regime for credit securitization. Other times, collaborating with authorities from Portuguese-speaking countries in preparing laws or reviewing existing ones.

And all of them defending the rule of tax law, which must be a state of justice, of respect for the rights of taxpayers, before the tax administration or the courts.

It is based on these experiences that they present and discuss practices and cases that contradict the tax rule of law, through violation of the rights of the person/taxpayer. Having chosen problems of the greatest practical importance and economic and social relevance.

In this way, they contribute, as they always intended, to economic and social development, removing obstacles and unfair burdens, demanding respect for human rights, first of all by observing article 1 of the Constitution, which recognizes that the State and, therefore, the Law, are based on the dignity of the person. Dignity is where personality rights arise.

A poorly applied tax rule, especially if it is applied systematically, will always imply serious injustice. And it could violate the rights to housing, food, income from work, etc. The person will be degraded to a mere object.

And the third generation right to economic and social development will be degraded.

We cannot be surprised that the State, by not respecting its citizens, is also not respected by them.

Every year, many millions of euros enter the State's coffers illicitly, causing widespread discomfort and discrediting public institutions. We propose to indicate a certain number of harmful acts of the taxing State which, if taxpayers carried out acts of the same importance, would be subject to heavy penalties.

We have created here a space for reflection and mutual assistance between lawyers with a view to helping the administration, the courts and the legislator to reflect and safeguard the basis of democracy, human rights.

 

9:30 Opening

Pedro Trovão do Rosário

Director of the Law Department

Antonio de Lencastre Bernardo

Chairman of the Board of Directors of Grupo Autónoma

Kelve Nobre de Carvalho

Attorney General of the Republic of S. Tomé and Príncipe

10:00 – 12:30

Measures aimed at reducing backlogs in tax courts and the endemic inefficiency they suffer from

Vasco Valdez

Interest that does not stop counting during disputes

João Santos Pinto

 

coffee break

 

The use of artificial intelligence by the Courts and Tax Administration

Clotilde Celorico Palma

Alleged tax crime to circumvent expiry rules and prevent defense in tax courts

Francisco Sousa da Câmara

Tax usury: the case of the CGAA

João Pedro Rodrigues

Prescription that does not prescribe 

Susana Soutelinho

13:00 – 14:30 Lunch

14:30 Opening

João Massano

President of the District Council of the Bar Association

The list of defaulting taxpayers

José António Chamorro

The OE for 2024

Luís Belo

“Taxes and the Fundamental Right to Private Property from the perspective of the European Court of Human Rights (ECtHR)”

Julius Storm

 

coffee break

 

Sector contributions

Antonio Coelho

Respect for taxpayers’ rights and respect for State rights

Diogo Leite de Campos

Financial consequences of interest accrual during pending litigation

Manuel Rodrigues

17:30 Closing

Manuel Guedes Valente, President of the Scientific Council of the Autonomous University of Lisbon

Alberto Barreiros representing the President of the Bar Association

speakers